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11 Geo. 2. c. 30.

or parts of the faid premiffes, which should be fold pursuant to the di-
rections of that act and therein alfo is contained a faving to the feve-
ral mortgagees and incumbrancers before named (till they should be paid
off as aforefaid) and to all other perfons, of all fuch right, title, ef-
tate, intereft, claim, and demand, of, in, unto, or out of the faid
premifles (except fuch part or parts thereof, which should be fold pur-
fuant to the directions of that act) as they might have had, or been in-
titled unto, in cafe that act had never been made: and whereas by an
alt made in the eleventh year of the reign of his prefent Majefty inti-
tuled, An act for, explaining and amending an act of the eighth
year of his prefent Majesty's reign, intituled, An act for the ap-
plication of the rents and profits of the eftates forfeited by the attain-
ders of James late earl of Derwentwater, and Charles Radcliffe)
it was enacted, That upon the death of his present Majesty, and also
upon the death of every fucceffive King and Queen of this realm, all
fuch acts and fervices fhould be done and performed, and all fuch fines
and fums of money should be paid by the respective tenants of the ef
tates to every fucceffor of his Majefty, or (in cafe any of the faid ef-
tates fhould be fold) to fuch other perfon who shall be the owner there-
of, as by the ancient tenure thereof, or by any contract, law, ufage, or
cuftom, ought to be done, performed and paid by them, in cafe fuch King
or Queen fo dying, was confidered as a private perfon only, and not in
his or her politick capacity; and that for default of performance of
fuch acts and fervices, which ought so to be done and performed, and
for default of payment of any fuch fines and fums of money, which ought
fo to be paid, fuch forfeitures and penalties fhould accrue and become
due, and it should be lawful for his Majefty, his heirs and fucceffors,
and for all perfons by him or them appointed, or who should be then
owners of the faid eftates, to use and take all fuch ways and means for
recovering and taking advantage of the faid forfeitures and penalties,
as might be lawfully used or taken by any lord of the said eftates, in cafe
fuch king or queen fo dying was confidered as a private perfon only,
and not in his or her politick capacity; and that all the faid fines,
fums of money, penalties, and forfeitures, which should accrue and be-
come due to his Majefly, his heirs and fucceffors, during his and their
intereft therein, fhould be applied to and for the ufe and benefit of the
royal hofpital for feamen at Greenwich; and the attorney general of
his Majefty, his heirs and fucceffors, by his or their direction, was im-
powered by the faid act to apply to his Majefty's court of Exchequer
at Westminster, by motion, in a fummary way, for the fale of all, or
of fuch part or parts of the timber on the faid eftates, while the fame
fhould remain unfold, from time to time, and at all times, as should be
thought fit; and the money arifing by fuch fale or fales, was to be ap-
plied by the direction of the faid court, to the difcharge of the incum-
brances with which the faid eftates then food charged; and in the
mean time was to be paid by the purchafers into the court of Exche-
quer, or to the treasurer of the said hospital for the time being, or to be
placed out in fuch government or other fecurities, and in the names of
fuch perfons, as the faid court fhould direct; and in cafe there should
happen to be any furplus of the faid money, the fame was to be applied
in the first place, for and towards the finishing and completing the build-

ing of the faid royal hofpital; and after the building of the fame royal hofpital fhould be completed and finished, for and towards the Jupport of the faid royal hofpital, for the better maintenance of the Seamen of the faid royal bofpital worn out and become decrepit in the Jervice of their country; and after the faid incumbrances should be totally difcharged, then all the produce of, or money arifing by, the fale or fales of any timber on the faid eftates, was to be, from time to time, and at all times, wholly appropriated and applied to the use of the faid hofpital: and it was by the faid act enacted, That for or towards the difcharge of the aforesaid mortgages and incumbrances (except the faid annuity of one hundred pounds a year) and not otherwife, it should and might be lawful to and for the attorney general of his Majefty, his heirs and fucceffors, by his and their direction, to apply to his Majefty's faid court of Exchequer, by motion, in a fummary way, for the fale or fales to any perfon or persons, being proteftants, of the fee-fimple and inheritance of any of the faid premiffes fo forfeited, and vefted in his Majesty as aforefaid, which were not charged with the faid mortgages and incumbrances, as should be thought most convenient to be fold and difpofed of, and the money arifing by fuch fale or fales was to be applied, by the direction of the faid court, for or towards the discharge of the faid incumbrances, or fome of them, and in the mean time was to be paid by the purchafers into the court of Exchequer, or to the treasurer of the faid hofpital for the time being, or to be placed out in fuch government or other fecurities, and in the names of fuch perfons, as the faid court fhould direct; and in cafe there should happen to be any furplus of the faid purchase-money, the fame was to be applied for the benefit of the faid hofpital: and it was by the faid laft-recited act also enacted, That it Should and might be lawful for his Majefty, his heirs and fucceffors, during the continuance of his or their eftate in the premises, by fign manual, to authorize the commissioners and governors of the faid hofpital, or any feven or more of them, to demife and grant all the mines of lead, coal, and other minerals, as well unopened as opened, within and under the faid lands and premifles, for any number of years, not exceeding twenty one years, in poffeffion and not in rever fion, referving the best rents or dues that could be reafonably got for the fame: and after reciting, That the intereft of the principal-money, due on the mortgages and incumbrances in the faid act mentioned, was partly at the rate of five pounds for one hundred pounds, and partly at the rate of fix pounds for one hundred pounds, for a year, it was enacted, That it should and might be lawful for his Majefty, his heirs and fucceffors, by fign manual, to authorize the commiffioners or governors of the faid hofpital for the time being, or any feven or more of them, to agree with the respective mortgagees and incumbrancers of the faid premiffes in the faid act of the eighth year of his prefent Majefty's reign named, their executors, adminiftrators, or affigns, for any lefs rate or intereft for the principal-money due on their fecurities refpectively, than the fame was then at; and in cafe the faid mortgagees and incumbrancers fhould not fo agree, then to agree with any other perfon or perfons for the advancing money at any less rate or intereft ihan aforefaid, for paying off the principal-money due

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on the faid mortgages and incumbrances, upon the fame being affigned unto fuch perfon or perfons refpectively fo advancing Juch money; provided that fuch affignments should be made for the respective principal-money only of the faid mortgages and incumbrances, and for the intereft of fuch principal-money to grow due, from and after the making of fuch affignments refpectively; and that the faid prin ipalmoney, and intereft thereof, in all fuch affignments, fhould be made payable at the end of fix months at the fartheft, from the day of the making fuch affignments refpectively in which faid laft-recited act there is contained the like faving to his Majesty, and to all other perfons, as in the faid act of the eighth year of his faid prefent Majefty's reign is contained; as by the faid feveral recited acts of parliament may (amongst other things therein contained) more fully appear: and whereas the faid sum of seven thousand one hundred and eighty twa pounds, thirteen fillings, fo remaining in his Majesty's exchequer as aforefaid, was applied according to the directions of the faid recited act of the eighth year of his prefent Majefty's reign, and the feveral fums of money which had been collected and received by the respective receivers of the rents and profits of the aforefaid premiffes, which were not paid into the receipt of the exchequer on or before the twenty fifth day of March, one thousand seven hundred and thirty five; and the arrears of rents and profits of the fame premiffes, due and owing from the feveral farmers, tenants, and occupiers thereof, at or on the faid twenty fifth day of March, one thousand seven hundred and thirty five; and alfo the rents, illues, and profits of the faid premifles, which from and after the faid twenty fifth day of March, one thousand feven hundred and thirty five, to the time of making this act, have accrued, or become due or payable, or fo much thereof as could be got in and received, have, from time to time, been applied for fuch purposes as the fame were directed to be applied by the faid acts of the eighth and eleventh years of his prefent Majefty's reign, as by the account of the proceedings of the commiffioners or governors of the faid royal hofpital at Greenwich, with respect to their contracting and agreeing with tradefmen, artificers, or other persons, for finishing and completing the faid royal hofpital, in the manner mentioned in the faid act of the eighth year of his prefent Majesty's reign, and alfo the annual accounts of the faid commiffioners or governors, with respect to the rents, iffues, and profits of the faid premises that have been received by them, which the faid commiffioners or governors have, from time to time, according to the directions of the faid act of the eighth year of his present Majefty's reign, laid before his Majefty and both houses of parliament may appear and whereas the faid lady Catharine Radcliffe, fecond daughter of the Jaid Francis earl of Derwentwater, is reputed to be dead, and all arrears of the faid annuity or yearly rent charge of one hundred pounds, payable to her as aforefaid, are fuppofed to have been paid and fatisfied: and whereas the faid Robert James lord Petre (who inter-married with the faid Anna Maria, daughter to the faid James late earl of Derwentwater, by the faid Anna Maria his wife) having refused to accept of any lefs intereft for the faid principal fum of twenty thousand pounds, due for the portion of the faid Anna Maria lady Petre his

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wife, than the fame was then at; and the right honourable Sir Charles Wager knight, Sir Thomas Littleton, Sir Thomas Frankland, baronets, Sir Jacob Ackworth knight, Thomas Pearse George Purvis, Jofiah Burchett, Tudor Trevor, lieutenant governor Nicholas Clarke, and William Baxter, efquires; ten of the commiffioners or governors of the faid royal hofpital, authorized and impowered by his Majefty's fign manual, bearing date the twenty Seventh day of June one thousand feven hundred and thirty eight, purJuant to the faid act of parliament made in the eleventh year of his prefent Majefty's reign, having agreed with the governor and company of the bank of England, for advancing money at the rate of four pounds per centum per annum, for paying off the faid principal sum of twenty thousand pounds; and the term of five hundred years, limited by the faid fettlement of the twenty fourth day of June, one thousand feven hundred and twelve, to the faid Other earl of Plymouth, and William lord Widdrington, having by the attainder of the faid lord Widdringon, who furvived the faid earl of Plymouth, been vefted in his Majefly, the faid Robert James lord Pe tre, and Anna Maria lady Petre bis wife, in confideration of the fum of twenty thousand pounds to the faid lord Petre paid by the governor and company of the bank of England, did by a certain indenture tripartite, bearing date the eleventh day of May, one thousand feven hundred and thirty nine, by the appointment and direction of the faid Sir Charles Wager, Sir Thomas Littleton, Sir Thomas Frankland, Sir Jacob Ackworth, Thomas Pearse, George Purvis, Jofiah Burchett, Tudor Trevor, Nicholas. Clarke, and William Baxter, bargain, fell, and affign, unto the faid governor and company of the bank of England, their fucceffors, and affigns, the barony, manors, lands, and hereditaments, by the faid indenture of release of the twenty fourth day of June, one thoufand feven hundred and twelve, limited to the faid earl of Plymouth, and lord Widdrington, for the term of five hundred years as aforefaid; and all the eftate, right, title, and intereft, of the faid Robert James lord Petre, and Anna Maria lady Petre his wife, of, in, and to the faid barony, manors, lands, tenements, and hereditaments, and in and to the faid term of five hundred years, and of, in, and to the faid twenty thousand pounds, to hold the fame to the faid go vernor and company of the bank of England, their fucceffors and af figns, for the refidue then to come of the faid term of five hundred years, fubject to a provifo for redemption, on payment of the said sum of twenty thousand pounds, with intereft for the fame, at the rate of four pounds per centum per annum, on the eleventh day of November then next; and the faid commiffioners or governors of the faid hofpital, having, fince the time limited by the faid provifo, paid out of the monies belonging to the faid hofpital, the faid fum of twenty thou fand pounds, with all intereft due for the fame, the faid governor and company of the bank of England did, by indenture bearing date the fixteenth day of February, one thousand seven hundred and forty eight, bargain, fell, and affign, unto the right honourable Archibald Hamilton efquire, commonly called lord Archibald Hamilton, governor of the faid royal hofpital, Charles Smith efquire, lieutenant governor of the faid hofpital, James Gunman efquire, treasurer of the

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Said

faid hofpital, Sir Edward Bellamy knight, (fince deceased) Sir John Thompfon knight, William Fawkener efquire, and William Baxter efquire, Seven of the commiffioners or governors of the faid bofpital, the barony, manors, lands, and hereditaments, fo limited to the faid earl of Plymouth and lord Widdrington, for the term of five hundred years, as aforefaid, and all the eftate, right, title, and intereft of the faid governor and company of the bank of England, of, in, and to the faid barony, manors, lands, tenements, and hereditaments, and in and to the faid term of five hundred years, to hold the fame unto the faid Archibald Hamilton, Charles Smith, James Gunman, Sir Edward Bellamy, Sir John Thompson, William Fawkener, and William Baxter, their executors, adminiftrators, and affigns, for the remainder then to come of the faid term of five hundred years, in trust, and to the intent that the rents, iffues, and profits of the faid premifles should and might be appropriated, applied, and difpofed of, to the ufes, and for the purposes directed in and by the faid act of parliament made in the faid eighth year of the reign of his faid prefent Majefty, and for that purpose that the faid term and eftate might attend and wait upon the freehold and inheritance thereof, as the fame was then veftel in his Majefty, his heirs and fucceffors: and whereas the faid Cuthbert Conftable, alias Tunstall, having refufed to accept of any lefs rate or intereft for the faid principal fum of five thousand and nine hundred pounds, mentioned in the faid recited act of the eighth year of his present Majesty's reign to be due to him upon mortgage, than the fame was then at (and which fum of five thou fand and nine hundred pounds, and the intereft thereof, was heretofore fecured to the faid lady Mary Radcliffe, by a mortgage made to her by the faid Edward earl of Derwentwater of the faid manors of Spindleston and Utchefter, for the term of five hundred years, by indenture bearing date the twenty fecond day of April, one thousand six hun dred and ninety nine, pursuant to a power given him for that purpose by a certain act of parliament therein mentioned, in full fatisfaction of the faid fum of five thousand pounds, directed by the faid recited indenture of releafe of the twenty fourth of March, one thousand fix hundred and ninety one, to be raised for her, and the intereft thereof to that time, and to which fum of five thousand nine hundred pounds the faid Cuthbert Conftable, alias Tunstall, became intitled by virtue of the will of the faid lady Mary Radcliffe, of which will he was then the furviving executor) and the faid Sir Charles Wager, Sir Thomas Littleton, Sir Thomas Frankland, and Sir Jacob Ackworth, Thomas Pearfe, George Purvis, Jofiah Burchett, Tudor Trevor, Nicholas Clarke, and William Baxter, having agreed with the governor and company of the bank of England, for advancing money at the rate of four pounds per centum per annum, for paying off the said sum of five thousand nine hundred pounds, the Jaid Cuthbert Conftable, alias Tunstall, in confideration of the faid fum of five thousand nine hundred pounds paid to him by the faid governor and company of the bank of England, did, by the appointment and direction of the faid Sir Charles Wager, Sir Thomas Littleton, Sir Thomas Frankland, Sir Jacob Ackworth, Thomas Pearle, George Purvis, Jofiah Burchett, Tudor Trevor, Ni

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